Fair trial

The judge who examined the appeal in the Supreme Court, examined the case on appeal on points of law. Conviction for lack of impartiality of the court

JUDGMENT Sacharuk v. Lithuania 23.04.2024 (app. no. 39300/18) see here SUMMARY The case concerned Mr Sacharuk’s conviction in 2017 of abuse of office and of unlawful use of an official document because he had used another parliamentarian’s identity card to vote in parliament on his behalf. The Court found in particular that the Supreme Court […]

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Arbitrary dismissal of a judge from a judicial council without the right to appeal against the decision. Infringement of the right of access to a court

JUDGMENT Kartal v. Turkey 26.03.2024 (app. no. 54699/14) see here SUMMARY The applicant is a judge and has served as a member of the Judicial and Prosecutorial Review Board. The case concerned the termination of his term of office on the Board of Review under amendments to the legislation of the defendant State. He filled […]

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The failure to transmit the other parties’ observations to the applicant violated due process and fair trial

JUDGMENT Rebac v. Bosnia and Herzegovina 26.03.2024 (app. no. 31832/20) see here SUMMARY In the proceedings before the Constitutional Court, the applicant was not given the opportunity to comment on the observations of the Prosecutor’s Office of the Canton of Posavina and the Municipal Court of Orašje, because this was not provided for by the […]

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The refusal of the courts to examine the merits of the application for partial annulment of the order deprived the applicant of the right of access to a court in breach of Article 6 ECHR

JUDGMENT Hovanisyan v. Armenia 26.03.2024 (app. no. 16480/13) see here SUMMARY Grant of a plot of land to the applicant, for which a provisional certificate of ownership was issued and a certificate of state registration of title was pending. The applicant applied for registration of his title to the National Land Registry, but was refused […]

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Refusal to recognise a religious community because of similarities in its statutes with another religious association. Violation of religious freedom

JUDGMENT Föderation Der Aleviten Gemeinden in Österreich v. Austria 05.03.2024 (app. no. 64220/19) see here SUMMARY The applicant is an Alevi religious association in Austria. Its application for recognition as a religious community was rejected because of the similarities between its statutes and those of another similar religious association. On the basis of Articles 9 […]

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Threat to dismiss an employee if he did not provide copies of his correspondence with the ECHR. Infringement of the right of individual appeal

JUDGMENT Boškoćević v. Serbia 05.03.2024 (app. no. 37364/10) see here SUMMARY The applicant was an employee of a national park in Kosovo*. He lodged an application with the European Court to complain about the non-enforcement of a judgment in his favour with regard to outstanding wages. The case essentially concerned his complaint that his managing […]

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απαλλοτρίωση

The non-execution of decisions to remove illegal constructions was unjustified. Violation of the right to a fair trial and the right to respect of property

JUDGMENT Vlahović v. Montenegro 22.02.2024 (app. no. 62444/10) see here SUMMARY Failure to enforce a court judgment and administrative decisions in favour of the applicant in relation to a property dispute. The applicant was a co-owner of two plots of land. Another co-owner, without prior approval from the other co-owners, including the applicant, and without […]

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Systematic and indiscriminate retention of telecommunications data, amid proceedings against judge for bribery, breached privacy rights

JUDGMENT Škoberne v. Slovenia 15.02.2024 (app. no. 19920/20) see here SUMMARY The case concerned the proceedings against a former judge and his conviction in 2013 for accepting bribes. His conviction had been based on statements by his two co-defendants who had admitted to being intermediaries and on traffic and location data obtained under the data-retention […]

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The waiver of the right to appoint a lawyer signed by the arrested man, who suffered from withdrawal syndrome, violated the right to due process

JUDGMENT Bogdan v. Ukraine 08.02.2024 (app. no. 3016/16) see here SUMMARY The validity of the waiver of the right to counsel signed by the applicant while he was in unofficially recorded detention and suffering from drug withdrawal symptoms. The trial court found that the applicant had waived his right to counsel and dismissed as unfounded […]

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